Tempo de formação de aluno-aprendiz conta para aposentadoria
Aluno-aprendiz pode usar o seu tempo de estudante em escola técnica para obter aposentadoria. De acordo com o Decreto 611/1992, alunos que receberam remuneração da União para cobrir gastos com materiais, moradia e outros itens podem somar esse tempo de estudo para conseguir o benefício.
A norma foi usada pela 2ª Turma do Tribunal Regional Federal da 1ª Região negou provimento à apelação do Instituto Nacional do Seguro Social. Ficou comprovado que o autor estudou na Escola Agrotécnica Federal de Uberlândia entre os anos de 1975 e 1977, recebendo remuneração da União, na condição de aluno-aprendiz.
O INSS apelou contestando que os “requisitos relativos à relação de emprego devem estar presentes quando se cuida de aluno-aprendiz, sendo indevido o cômputo do serviço no caso, em que ficou provado que o homem só estudou na Escola Agrotécnica Federal de Uberlândia no período de 18 de fevereiro de 1975 a 17 de novembro de 1977, e que o vínculo empregatício não foi caracterizado.
O relator, juiz federal convocado Márcio Barbosa Maia, afirmou que a sentença merece reforma no ponto em que condenou o INSS ao pagamento de custas, já que a autarquia está isenta de seu pagamento, devendo apenas reembolsar as antecipadas.
O artigo 4º, inciso I, da Lei 9.289/96, atual Regimento de Custas da Justiça Federal, dispõe que são isentos de pagamento de custas a União, os estados, os municípios...
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